Sexual Harassment

What is sexual harassment?Sexual harassment is a form of sex discrimination, which is a violation of Title VII of the Civil Rights Act of 1964. The EEOC’s guidelines define two types of sexual harassment: quid pro quo and hostile environment.

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

What is hostile environment sexual harassment?Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute hostile environment sexual harassmentwhen such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

What factors determine whether an environment is hostile?The central inquiry is whether the conduct unreasonably interfered with an individual’s work performance or created an intimidating, hostile, or offense working environment. The EEOC will look at the following factors to determine whether an environment is hostile:Whether the conduct was verbal or physical or both

How frequently it was repeated

Whether the conduct was hostile or patently offensive

Whether the alleged harasser was a co-worker or supervisor

Whether others joined in perpetrating the harassment

Whether the harassment was directed at more than one individual

No one factor controls. An assessment is made based upon the totality of the circumstances.

What is unwelcome sexual conduct?Sexual conduct becomes unlawful only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee did not solicit or incite it; and in the sense that the employee regarded the conduct as undesirable or offensive.

How will the EEOC determine whether conduct is welcome?When confronted with conflicting evidence as to whether conduct was welcome, the EEOC will look at the record as a whole and at the totality of the circumstance, evaluating each situation on a case-by-case basis. The investigation should determine whether the victim’s conduct was consistent, or inconsistent, with his or her assertion that the sexual conduct was unwelcome.

Who can be a victim of sexual harassment?The victim may be a woman or a man. The victim does not have to be of the opposite sex. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Who can be a sexual harasser?The harasser may be a woman or a man. He or she can be the victim’s supervisor; an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

Can one incident constitute sexual harassment?It depends. In quid pro quo cases, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment or employment benefits.

In contrast, unless the conduct is quite severe, a single incident or isolated incidents of offensive sexual conduct or remarks generally do not create a hostile environment. A hostile environment claim usually requires showing a pattern of offensive conduct.

However, a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical. For example, the EEOC will presume that unwelcome, intentional touching of a charging party’s intimate body areas is sufficiently offensive to alter the condition of his or her working environment and constitute a violation of Title VII.

Can verbal remarks constitute sexual harassment?Yes. The EEOC will evaluate the totality of the circumstances to ascertain the nature, frequency, context, and intended target of the remarks. Relevant factors may include:

Whether the remarks were hostile and derogatory

Whether the alleged harasser singled out the charging party

Whether the charging party participated in the exchange

The relationship between the charging party and the alleged harasser

What should a sexual harassment victim do?The victim should directly inform the harasser that the conduct is unwelcome and must stop. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed. However, a victim of harassment need not always confront his or her harasser directly, so long as his or her conduct demonstrates that the harasser’s behavior is unwelcome. The victim should use any employer complaint mechanism or grievance system available. If these methods are ineffective, the victim should contact the EEOC as soon as possible.

What specific steps can an employer take to prevent sexual harassment?Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take all steps necessary to prevent sexual harassment from occurring. An effective preventive program should include an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented. The employer should affirmatively raise the subject with all supervisory and non-supervisory employees, express strong disapproval, and explain the sanctions for harassment.

Should an employer have a grievance procedure?The employer should have a procedure for resolving sexual harassment complaints. The procedure should be designed to encourage victims of sexual harassment to come forward and should not require a victim to complain first to an offending supervisor. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains. It should ensure confidentiality as much as possible and provide effective remedies, including protection of victims and witnesses against retaliation.

What if an employer asserts that it has eliminated the harassment?When an employer asserts it has taken remedial action, the EEOC will investigate to determine whether the actions was prompt, appropriate, and effective. If the EEOC determines that the harassment has been eliminated, the victims made whole, and preventative measures instituted, the Commission normally will administratively close the charge because of the employers’ prompt remedial action.

How do I file a charge of discrimination?Charges of sex discrimination may be filed at any field office of the U. S. Equal Employment Opportunity Commission. Field Offices are located in 50 cities throughout the United States and are listed in most local telephone directories under US Government. To reach the nearest EEOC field office, dial toll free on 1-800-669-4000, or visit http://www.eeoc.gov/offices.html. More information on sexual harassment and information on all EEOC-enforced laws may be obtained by calling toll free on 1-800-669-EEOC. EEOC’s toll free TDD number is 1-800-800-3302.

What are the time limits for filing a charge of discrimination?A charge of discrimination on the basis of sex must be filed with EEOC within 180 days of the alleged discriminatory act, or within 300 days, if there is a state or local fair employment practices agency that enforces a law prohibiting the same alleged discriminatory practice. However, to protect legal rights, it is recommended that EEOC be contacted promptly when discrimination is believed to have occurred.

What types of evidence will the EEOC look at to determine whether sexual harassment has occurred?When investigating allegations of sexual harassment, EEOC will look at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. The EEOC recognizes that sexual conduct may be private and unacknowledged, with no eyewitnesses. Corroborative evidence of any nature will be explored.

EEOC also will investigate whether any complaints or protests occurred. However, while a complaint or protest is helpful to a charging party’s case, it is not a necessary element of the claim. Victims may fear repercussions from complaining about the harassment and such fear may explain a delay in opposing the conduct. If the victim failed to complain or delayed in complaining, the investigation must ascertain why.

If I file a discrimination charge, what types of relief are available?If you have been discriminated against on the basis of sex, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may also be entitled to hiring, promotion, reinstatement, back pay, and other remuneration. You may also be entitled to damages to compensate you for future pecuniary losses, mental anguish, and inconvenience. Punitive damages may be available, as well, if an employer acted with malice or reckless indifferences. You may also be entitled to attorney’s fees.

Can my employer retaliate against me for filing a charge with EEOC?It is unlawful for an employer or other covered entity to retaliate against someone who files a charge of discrimination, participates in an investigation, or opposes discriminatory practices. Individuals who believe that they have been retaliated against should contact EEOC immediately. Even if an individual has already filed a charge of discrimination, he or she can file a new charge based on retaliation.

What laws does EEOC enforce?EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. EEOC enforces the Age Discrimination in Employment Act, the Equal Pay Act, prohibitions against discrimination affecting individuals with disabilities in the federal government, sections of the Civil Rights Act of 1991, and Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments.

Crawford County harassment/sexual harassment policiesStatement of Harassment PolicyIt is the Crawford County policy that all employees have a right to work in an environment free of discrimination, which includes freedom from harassment – whether that harassment is based on sex, age, race, national origin, religion, sexual orientation, marital status, or membership in other protected groups. Crawford County prohibits harassment of its employees in any form by supervisors, co-workers, or others doing business with Crawford County.Such conduct may result in disciplinary action up to and including dismissal of the employee who harasses others. With respect to non-employees, offending members of the public will be asked to leave and Crawford County will take whatever criminal action is available to remedy the situation.

Crawford County will investigate the matter. Where investigations confirm the allegations, corrective action will be taken. Crawford County will investigate all sexual harassment complaints on a timely basis and will reach a conclusion with respect to the information gathered. The conclusion reached will include any disciplinary actions to be taken against the alleged perpetrator and remedies for the complaint.

If appropriate, a progressive discipline policy will be used. Progressive discipline will include:

Verbal reprimand with written documentation of discussion

If repeated, a written reprimand

Recommendation for disciplinary action

The investigation, along with the conclusion reached, will be documented and retained in a confidential file by the designated EEO Officer.

No documentation will be included in the alleged perpetrator’s personnel file unless disciplinary action is taken.

Statement of Sexual Harassment PolicyCrawford County prohibits sexual harassment of its employees in any form in the workplace and in other employment related activities and will take appropriate action, up to and including dismissal to ensure that the work environment is free of sexually harassing behavior. Crawford County also forbids retaliation against any employee who exercises the right to report sexual harassment. Sexual harassment negatively affects morale, motivation, and job performance. It results in increased absenteeism, turnover, inefficiency, and loss of productivity. It is inappropriate, offensive, and illegal.

Definition of Sexual HarassmentSexual harassment is a form of sex discrimination and is an “unlawful employment practice” under Title VII of the Civil Rights Act of 1964. Sexual harassment, as defined by law, pertains to unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

Sexual harassment may occur in different forms including:

Written contact, such as sexually suggestive or obscene letters, notes, and invitations

Submission to such conduct is made either explicitly or implicitly, a term or condition of an individual’s employment

Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting the individual

Such conduct has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive work environment

GuidelinesProhibited behaviors that will be construed as sexual harassment include, but are not limited to:

The continued or repeated verbal abuse of a sexual nature, including graphic commentaries about an individual’s body, sexually suggestive objects or pictures in the workplace, sexually degrading words used to describe the individual, or propositions of a sexual nature The threat or insinuation that lack of sexual submission will adversely affect the individual’s employment, wages, advancement, assigned duties or shits, or other conditions that affect the individual’s livelihood Jokes, graffiti, and/or display in the workplace of sexually suggestive calendars, and posters which contribute to a hostile or offensive work environment Sexual conduct which indirectly affects the terms, conditions, and opportunities of employment of another individual or creates a hostile work environmentSexual OrientationCrawford County had adopted the policy that an individual’s sexual orientation is not a criterion either for becoming an employee or remaining an employee of the agency. Discrimination on the basis of sexual orientation is prohibited.

Performance evaluation and promotion status are based upon demonstrable job performance and behavior.An individual’s sexual orientation is strictly personal and information about this matter will not be sought by agency personnel.County and Employee LiabilityCrawford County is liable for sexual harassment in the workplace and in other employment related activities when the County, its supervisory employees, or its agents knew or should have known of the specific behavior, and failed to take immediate and appropriate corrective action.

Filing a Sexual Harassment ComplaintAll employees are encourage to promptly report incidents of sexual harassment to their immediate supervisor or to the designated Crawford County EEO Officer.

The incident must be reported within one hundred eighty (180) days of the occurrenceNecessary investigation will be undertaken and all complaints will be handled in a confidential mannerIf violation of this policy is confirmed, corrective action will be taken

Crawford County will investigate all sexual harassment complaints on a timely basis and will reach a conclusion with respect to the information gathered.

The conclusion reached will include any disciplinary actions to be taken against the alleged perpetrator and remedies for the complainant.

If appropriate, a progressive discipline policy will be used. Progressive discipline will include:

Verbal reprimand with written documentation of discussion

If repeated, a written reprimand

Recommendation for disciplinary action

The investigation, along with the conclusion reached, will be documented and retained in a confidential file by the designated EEO Officer.

No documentation will be included in the alleged perpetrator’s personnel file unless disciplinary action is taken.Investigation of Sexual Harassment Crawford County is obligated to investigate and eliminate problems of sexual harassment precipitated by supervisors, co-workers, and others doing business with Crawford County.

If an investigation concludes that there has been sexual harassment in the workplace, the complainant may be entitled to retroactive pay, reinstatement, transfer, or other appropriate remedies.

Crawford County’s liability in a sexual harassment complaint may include both punitive damages and actual damages.

If a department employee, supervisor, or agent violates this policy and a sexual harassment charge results, they may be financially responsible for damages awarded.

Employer Responsibilities The EEO Officer or his/her designee will be responsible for communicating this policy to all employees, supervisors, or its agents by providing copies for posting on official bulletin boards and by distributing copies to all Crawford County Departments and Offices.

The EEO Officer or his/her designee will also be responsible for coordinating or providing training and counseling to employees regarding sexual harassment issues.

All Crawford County supervisors and managers will be responsible for ensuring that sexual harassment under their supervision does not occur.

Supervisors and managers will counsel employees regarding behaviors, which may be construed as sexual harassment, and will advise employees with complaints of sexual harassment regarding the proper procedures to follow.